Terms and Conditions

Effective: April 8, 2020

CHARGIE a Delaware limited liability company (“CHARGIE”) provides electric vehicle charging and support services through its CHARGIE charging stations, its www.CHARGIE.com website (the “Website”), driver portal (“Driver Portal”) and mobile application (“Mobile App”) (collectively, the “Services”). Reference to “you” or “your” means you as a visitor to the Website or as a user or customer of the Services, as applicable. The terms of service set forth hereinbelow (the “Terms of Service”) govern the use of CHARGIE’s electric vehicle charging stations and support services, including the Services, for plug-in electric vehicles.

By using the Services, you acknowledge and consent to the Terms of Service and this agreement (“Agreement”), as well as any other terms and conditions and Privacy Policy(s), all of which shall be posted on the Website and may be changed at any time without prior notice. You should check the Website for such changes frequently. Your continued access to the Services and any applicable ancillary services, including, but not limited to use of/access to the Services after such changes are posted conclusively demonstrates your acceptance of those changes. CHARGIE may collect, on behalf of itself and/or its clients (“Hosts”) non-personally identifying data relating to usage of CHARGIE enabled EV charging stations. All such information may be shared by CHARGIE with third parties in CHARGIE’s sole and absolute discretion.

You agree to pay all applicable fees (“Fees”) charged by CHARGIE and/or its Hosts for access to CHARGIE EV charging stations, the use of the Services in any manner, including, without limitation, with a credit card, a RFID card at a charging station, remotely by a customer service agent at your request or by code or application embedded in any smart phone or similar technology.

You agree to obey all applicable laws and regulations, as well as any policies and rules of CHARGIE or any Host and/or the owner of property on which an CHARGIE enabled EV charging station is located when using any Service and/or any CHARGIE enabled EV charging station.

You agree to promptly review your CHARGIE statement and/or other payment method statement (such as your credit card statement) and notify CHARGIE in writing of any questions regarding Fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid.

You agree to promptly update online account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information, including, without limitation, the applicable credit card number, expiration date and billing address when that new information is first known. You remain liable for all Fees billed to your credit card or CHARGIE account through the date your CHARGIE account is cancelled.

In addition to a personal credit card, a RFID card or a code or application may be used to pay Fees on any publicly accessible CHARGIE enabled EV charging station and on any private CHARGIE enabled EV charging station you use. When using a RFID card for payment of fees, the applicable CHARGIE EV charging station will read your RFID card and a record of your transaction will be created. Fees will be charged to your account in accordance with the price configured by a Host or CHARGIE for such CHARGIE enabled EV charging station. It is your responsibility to be aware of the prices charged for access to the applicable CHARGIE enabled EV charging station. If you use or another person uses, your credit card, RFID card or code or application on any CHARGIE enabled EV charging station, you agree to pay the Fees specified. You agree that CHARGIE may share with a Host or other duly authorized party, any information regarding your usage for purposes of processing and collecting Fees and enforcing CHARGIE’s policies and contractual obligations.

Charging Fees
EV charging services Fees are charged (i) by kilowatt-hour (“kWh”) of energy dispensed to a vehicle; (ii) by the time a vehicle is plugged into the station rounded up to thirty-second intervals or 1 hour intervals, depending on the specific EV charging station; or (iii) by a flat fee for the total session, depending on the location of the EV charging station. CHARGIE maintains an up-to-date schedule of pricing rates by location on the Website.

Fees and Charges
Although you provide your credit card information when you access a CHARGIE enabled charging station, your credit card will not be charged until you utilize a CHARGIE enabled EV charging station which requires payment. You will also have the option of prepaying your account to establish a positive balance to be credited against subsequent charges. An authorization fee will display on the credit card account provided for authorization purposes only. CHARGIE users will be billed to a positive account balance or to the credit card associated with their use immediately after utilizing a CHARGIE enabled EV charging station which requires payment.

In the event that payment on your credit card is declined, CHARGIE may terminate your account and, in the case of any outstanding balance, institute collection proceedings in order to collect any unpaid balance and, at CHARGIE’s sole option, any fees, costs or other expenses (including, without limitation, reasonable attorneys’ fees) incurred by CHARGIE in connection with its collection efforts.

If a RFID card is lost or stolen, please report such loss or theft online immediately by accessing your CHARGIE account and clicking the appropriate status, or, if you do not have access to the internet, inform CHARGIE Customer Service immediately (see contact information at the end of the Terms of Service). You remain liable for all Fees initiated with your credit card, RFID card or CHARGIE code or application until you have notified CHARGIE that your credit card, RFID card or application has been lost or stolen.

You agree that your usage may be used by CHARGIE to analyze averages, trends, and other anonymous patterns of usage, as per the CHARGIE Privacy Policy as provided on the Website. You agree that CHARGIE may access your CHARGIE account and residential charger (if applicable) for service-related or data collection purposes and that it may share non-personally identifiable data with third parties in connection with government grants, private agreements, and/or other contractual obligations.

Using the Website, Driver Portal or Mobile App
You may access and use the Website, Driver Portal and Mobile App to obtain information regarding CHARGIE enabled EV charging station locations and other content and features that CHARGIE may make available. Use of the Website, Driver Portal and Mobile App is subject to CHARGIE’s and/or its affiliates’ terms and conditions and privacy policy(s) available on the Website and/or the respective terms and conditions available on the Website, Driver Portal or Mobile App. You are responsible for all use of the Website, Driver Portal and Mobile App under your name. You acknowledge and agree that CHARGIE may modify the Website, Driver Portal and Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while CHARGIE has attempted to provide accurate information on the Website, Driver Portal and Mobile App, such information may change frequently and in no event will CHARGIE be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Website, Driver Portal or Mobile App, nor does it warrant that any such information, materials, or other content is the most current version thereof.

Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate this Agreement, you must notify CHARGIE in writing. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your CHARGIE account. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.

Agreement to Binding Arbitration Between You and CHARGIE
You and CHARGIE agree that any dispute, claim or controversy arising out of or relating to (a) Terms of Service, this Agreement, the Privacy Policies and the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms of Service, will be settled by binding arbitration between you and CHARGIE, and not in a court of law.

Waiver of Right to Jury Trial
You acknowledge and agree that you and CHARGIE are each waiving the right to a trial by jury. However, you and CHARGIE each retain the right to bring an individual action to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, breach of confidentiality, or other breach of the Terms of Service for which equitable relief may be available.

Limitation of liability
Notwithstanding any other provisions of the terms of service to the contrary, regardless of the legal or equitable basis of any claim, in no event shall CHARGIE or its affiliates be liable to you for any indirect, special, punitive, exemplary, incidental, or consequential damages arising out of or related to the subject matter of the terms of service, any errors in or omissions from the website, driver portal, mobile app, or any services or products obtainable therefrom, the unavailability or interruption of the website, driver portal, mobile app, or any features thereof, your use of the website, driver portal, or mobile app, the content contained on the website, driver portal, or mobile app or any delay or failure in performance of CHARGIE, including, but not limited to, damages that result from the performance or nonperformance of CHARGIE’s obligations under the terms of service or your use of any CHARGIE equipment, installation of CHARGIE equipment, CHARGIE’s acts or omissions related whether or not arising from sole, joint or concurrent negligence, strict liability, violation of law, breach of contract, breach of indemnity provisions, breach of warranty or any other theory or source whether or not foreseeable and even if CHARGIE has been advised of the possibility of such damages and you hereby release CHARGIE from any such excluded damages. notwithstanding anything to the contrary contained herein and to the maximum extent permitted by law, the maximum aggregate limit of CHARGIE’s liability (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) to you for any matter related to the terms of service, your use of any CHARGIE equipment, including the mobile app, driver portal, and website shall not in the aggregate exceed the total amount of fees paid by you with respect to the services during the six (6) months immediately prior to the event giving rise to the liability.

The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between CHARGIE and you. The services would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the website, driver portal, mobile app, or otherwise shall create any warranty, representation, or guarantee not expressly stated in the terms of service.

If you are a california resident, you waive california civil code §1542, which says: a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

You agree to indemnify and hold harmless CHARGIE, its affiliates, and their respective directors, officers, members, partners, shareholders, employees, contractors and agents from and against all third-party actions, causes of action, claims, demands, losses, costs, damages, deficiencies, judgments, liabilities, penalties, fines, assessments, and expenses (including, without limitation, attorney’s fees and costs of litigation) which they or any of them suffer or incur resulting from, by reason of, arising out of or in connection with: (i) personal injury, bodily injury, including fatal injury to, or loss of or damage to the property of, any person or entity whatsoever (including the parties hereto) arising out of or in connection with your, or anyone using your access credential, (ii) your negligent use of the services, (iii) any breach by you of any representation, warranty, agreement, obligation, or covenant made by you to CHARGIE including in any agreement, certificate, document, schedule, annex, or other information relating to or delivered pursuant hereto, (iv) any actual or prospective claim, litigation, investigation, or proceeding relating to any of the foregoing, whether based on agreement, tort, or any other theory, whether brought by a third party or by you, or (v) your use of the website, driver portal, or mobile app.

Your use of the service is at your sole risk. Service is provided on an “as is” and “as available” basis. CHARGIE expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. CHARGIE makes no warranty that (i) the service will meet your requirements or expectations, or (ii) the operation of the service will be uninterrupted, timely, secure, or error-free.

Please address all inquiries and notices to CHARGIE Customer Service at support@chargie.com.

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